Labor - 29 USC Section 161

01/19/04

Sec. 161. Investigatory powers of Board

For the purpose of all hearings and investigations, which, in the
opinion of the Board, are necessary and proper for the exercise of
the powers vested in it by sections 159 and 160 of this title -
(1) Documentary evidence; summoning witnesses and taking
testimony
The Board, or its duly authorized agents or agencies, shall at
all reasonable times have access to, for the purpose of
examination, and the right to copy any evidence of any person
being investigated or proceeded against that relates to any
matter under investigation or in question. The Board, or any
member thereof, shall upon application of any party to such
proceedings, forthwith issue to such party subpenas requiring the
attendance and testimony of witnesses or the production of any
evidence in such proceedings or investigation requested in such
application. Within five days after the service of a subpena on
any person requiring the production of any evidence in his
possession or under his control, such person may petition the
Board to revoke, and the Board shall revoke, such subpena if in
its opinion the evidence whose production is required does not
relate to any matter under investigation, or any matter in
question in such proceedings, or if in its opinion such subpena
does not describe with sufficient particularity the evidence
whose production is required. Any member of the Board, or any
agent or agency designated by the Board for such purposes, may
administer oaths and affirmations, examine witnesses, and receive
evidence. Such attendance of witnesses and the production of such
evidence may be required from any place in the United States or
any Territory or possession thereof, at any designated place of
hearing.
(2) Court aid in compelling production of evidence and attendance
of witnesses
In case of contumacy or refusal to obey a subpena issued to any
person, any district court of the United States or the United
States courts of any Territory or possession, within the
jurisdiction of which the inquiry is carried on or within the
jurisdiction of which said person guilty of contumacy or refusal
to obey is found or resides or transacts business, upon
application by the Board shall have jurisdiction to issue to such
person an order requiring such person to appear before the Board,
its member, agent, or agency, there to produce evidence if so
ordered, or there to give testimony touching the matter under
investigation or in question; and any failure to obey such order
of the court may be punished by said court as a contempt thereof.
(3) Repealed. Pub. L. 91-452, title II, Sec. 234, Oct. 15, 1970,
84 Stat. 930
(4) Process, service and return; fees of witnesses
Complaints, orders, and other process and papers of the Board,
its member, agent, or agency, may be served either personally or
by registered or certified mail or by telegraph or by leaving a
copy thereof at the principal office or place of business of the
person required to be served. The verified return by the
individual so serving the same setting forth the manner of such
service shall be proof of the same, and the return post office
receipt or telegraph receipt therefor when registered or
certified and mailed or when telegraphed as aforesaid shall be
proof of service of the same. Witnesses summoned before the
Board, its member, agent, or agency, shall be paid the same fees
and mileage that are paid witnesses in the courts of the United
States, and witnesses whose depositions are taken and the persons
taking the same shall severally be entitled to the same fees as
are paid for like services in the courts of the United States.
(5) Process, where served
All process of any court to which application may be made under
this subchapter may be served in the judicial district wherein
the defendant or other person required to be served resides or
may be found.
(6) Information and assistance from departments
The several departments and agencies of the Government, when
directed by the President, shall furnish the Board, upon its
request, all records, papers, and information in their possession
relating to any matter before the Board.

AMENDMENTS
1980 - Par. (4). Pub. L. 96-245 inserted provisions authorizing
service by certified mail.
1970 - Par. (3). Pub. L. 91-452 struck out par. (3) which related
to the immunity from prosecution of any individual compelled to
testify or produce evidence after claiming his privilege against
self-incrimination.
1947 - Act June 23, 1947, restated section with addition of
provisions requiring the issuance of subpenas as a matter of course
on the request of any party.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-452 effective on sixtieth day following
Oct. 15, 1970, and not to affect any immunity to which any
individual is entitled under this section by reason of any
testimony given before sixtieth day following Oct. 15, 1970, see
section 260 of Pub. L. 91-452, set out as an Effective Date;
Savings Provisions note under section 6001 of Title 18, Crimes and
Criminal Procedure.
EFFECTIVE DATE OF 1947 AMENDMENT
For effective date of amendment by act June 23, 1947, see section
104 of act June 23, 1947, set out as a note under section 151 of
this title.

Last modified: April 16, 2006